People (Attorney General) v Shribman and Samuels

• Jurisdiction: Ireland
• Judgment Date: 08 March 1946
• Date: 08 March 1946
• Court: Court of Criminal Appeal

(C.C.A.),

The People (Attorney-General)

and

Shribman and Samuels

Emergency legislation -Emergency Powers Order - Construction - Export of specified articles prohibited "otherwise than under . . . licence" - "Cutlery, hardware, implements and instruments" - Whether a watch is an "instrument" - Onus of proof - Whether complainant must prove non-existence of licence -Proof of Order - Subsequent Order providing Courts shall take judicial notice of Orders -Retrospective effect of Order - Validity of Order - Special Criminal Court - Amendment of indictment - Conspiracy - Uncorroborated evidence of accomplices - Accomplices convicted, but not sentenced at date of trial - Emergency Powers Act, 1939 (No. 28 of 1939), s. 2, sub-s. 2; s. 5, sub-s. 2 - Emergency Powers (Continuance and Amendment) Act, 1942 (No. 19 of 1942), s. 8 - Emergency Powers (Control of Export) Order, 1940 (Stat. R. Or. 1940, No. 149) Art. 3 -Emergency Powers (No. 373) Order, 1946 (Stat. R. Or. 1946, No. 16) Art. 2; Art. 3 (1).

The two accused were charged before the Special Criminal Court with "conspiracy to export scheduled articles otherwise than under and in accordance with the provisions of...